The Jammu and Kashmir National Panthers Party has recently filed a Public Interest Litigation (PIL) in the Supreme Court demanding early assembly elections in Jammu and Kashmir.
The petition was filed on behalf of Jammu and Kashmir National Panthers Party’s leader Manju Singh, Ramnagar Khand Development Council President Des Raj and Udhampur District Development Committee member Ashree Devi.
The plea stated that “The population of UT Jammu and Kashmir including the petitioner have been deprived of their right to be represented by elected representatives in violation of the fundamental tenets of democracy which have been held as part of the basic structure of the constitution by the Apex Court in ‘Keshavananda Bharti V/s Union of India & Ors. (1973) 4 SCC 225.”
Furthermore, the plea alleged that the delay and denial on the part of the Election Commission hold an election willfully & deliberately with the sole objective of the ruling party in the Centre (BJP) to continue its proxy rule in the erstwhile State.
The plea said that, “Election Commission is aiding the ruling party in the Centre by giving it the longest possible rope to restore its good-will in Jammu and Kashmir after its unilateral decisions involving dismantling the erstwhile state and demoting it to the status of the union territory.”
As per the plea, the State Assembly was suspended in June 2018 and dissolved in November 2018 after the former Chief Minister Mehbooba Mufti offered her resignation.
In March 2019, the plea said that the full commission headed by Chief Election Commission visited the State of Jammu and Kashmir to take stock of the prevalent situation for the purpose of holding elections to the legislative assembly and holding several meetings with various stakeholders, particularly political parties, with the objective of obtaining their views.
It added that all the political parties active in Jammu & Kashmir excluding the BJP favored immediate mending of the democratic elected government in Jammu & Kashmir so that the people of the State could engage in decision-making, legislative business, and administration of the affairs of the State through their elected representatives.
The plea underscored that, despite the recognized political parties that unanimously favored and demanded early elections to the State Assembly, the Election Commission of India postponed the elections to the state assembly in line with the preferred stand of the ruling party in the Centre.
The petition stated that, “Failure of Election Commission to conduct elections to the State Assembly while proceeding with parliamentary elections in the State Assembly was replete with arbitrariness, dereliction of constitutional duties and enabled the party in power at the Centre to continue to govern the State via proxy rule.”
Furthermore, the steps should be taken to hold elections to the Legislative Assembly of the Union Territory of Jammu & Kashmir without delay.
“Issue appropriate writ, direction or order directing the Respondent herein to take all necessary steps to conduct and conclude elections to the Legislative Assembly of JKUT immediately without further delay.”
